CLOVIS UNIFIED SCHOOL DISTRICT, PSI, Administered By TRISTAR RISK MANAGEMENT DONALD VAN NESS, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD VAN NESS, Applicant,vs.CLOVIS UNIFIED SCHOOL DISTRICT, PSI, Administered By TRISTAR RISK MANAGEMENT, Defendants.Case No. FRE 231905OPINION AND DECISION AFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration with regard to the workers’ compensation administrative law judge’s (WCJ) January 25, 2007 Findings and Award wherein the WCJ found that applicant while employed as a tcacher/coach on October 10, 2001, sustained an industrial injury to his back, causing overall permanent disability of 58% before apportionment, and a need for further medical treatment. The WCJ found that Labor Code section 46641 apportionment was applicable based on a prior stipulated award of 28% permanent disability to the back (FRE 185754). The WCJ further found a prior award of 6% for a shoulder disability (FRE 218867) did not overlap the current back disability, and section 4663 apportionment was not applicable. The WCJ deferred the issue of calculation of the amount of permanent disability due after apportionment. The WCJ found that a reasonable attorney fee was 15% of the permanent disability award after apportionment, and deferred the related issue of calculating attorney’s fees. Applicant contended on his petition for reconsideration that the WCJ erred in deferring the issue of calculation of permanent disability indemnity due after apportionment under section 4664 ‘Unless otherwise stated, all further statutory references are to the Labor Code. , pursuant to Erickson v. Kaiser Permanente (2006) 72 CaJ.Comp.Cases 103 (Significant Panel Decision), arguing that the WCJ should have applied the method of apportionment set forth in th
